[ad_1]
The top court bench headed by CJI N V Ramana, and comprising Justices Surya Kant and Hima Kohli, told ‘no’ to CBI probe into the incident saying “CBI is not the solution to everything. We want a retired HC Judge to monitor the probe and filing of separate chargesheets. We want to protect the evidence collected.”
The top court said both incidents – mowing down of protesting farmers by a vehicle and the lynching of the accused – have to be investigated and taken to a logical conclusion.
The Supreme Court was hearing the matter related to the October 3 incident in which eight people, including four farmers, were killed in violence during a farmers’ protest.
The apex court said it is not confident about the manner in which the evidence is being recorded by the UP SIT.
Here are the court’s observations in the case-
* A bench headed by Chief Justice N V Ramana admonished the UP police and said: ‘pace of probe is not up to expectation’.
* The SC asked UP police why mobile phones of all accused in the case have not been seized, except that of prime accused Ashish Mishra so far. “Did other accused not use cell phones,” the SC asked.
* The court noted that as per UP police there were 16 accused in farmer mowing down incident of which 3 were lynched. “Why have you seized the phone of one accused? Where have you said in a status report that the rest of the accused threw away their mobiles but the police have recovered CDRs,” it asked.
* The apex court said the prima facie view it gets is that one particular accused is being benefited by recording statements of witnesses in a particular manner. “What will happen to investigation then,” it asked.
* Justice Kant said: “What appears to us is that SIT is unable to keep the investigative distance between the FIRs (one where farmers were mowed down by the car and the other accused were killed)…important to ensure evidence in 219 and 220 (FIRs) recorded independently”.
* Supreme Court said there is nothing in the status report apart from saying that more witnesses have been examined.
* At the outset, the Chief Justice told senior advocate Harish Salve, representing the Uttar Pradesh government, “There is nothing in the status report. We granted 10 days time…lab reports have not come so far. It (the probe in the incident) is not going the way we expected.”
* It also took note of the delay in procuring the forensic reports regarding the video evidence.
* Senior advocate Harish Salve appearing for the Uttar Pradesh government told the court that lab reports will come by November 15.
* The bench, stating it is not confident regarding the process adopted by Uttar Pradesh SIT to record the evidence, said: “We are inclined to appoint a judge from a different high court to monitor day-to-day investigation…till the charge sheet is filed.”
* The Supreme Court said no to CBI probe into the incident saying CBI is not the solution to everything.
* The top court said it is attempting to infuse some fairness, independence, and faith in the investigations into the Lakhimpur Kheri incident.
* SC asked UP government whether it would appoint former Punjab and Haryana high court Justice Ranjit Singh for monitoring the investigation being carried out by SIT into the incidents of killing of four farmers, death of a journalist and the lynching of three accused in the incident.
* The bench sought response from the Uttar Pradesh government on the appointment of an independent judge to monitor the investigation till charge sheet is filed and posted the matter for further hearing on Friday.
The top court was hearing the Lakhimpur Kheri matter after two lawyers had written to the CJI seeking a high-level judicial inquiry, also involving the CBI, into the incident.
About the incident
Four farmers were mowed down by an SUV in Lakhimpur Kheri when a group agitating against the Centre’s three farm laws was holding a demonstration against the visit of Uttar Pradesh deputy CM Keshav Prasad Maurya on October 3.
Two BJP workers and a driver were beaten to death allegedly by the angry protesters, while a local journalist was also killed in the violence.
Farmer leaders have claimed that Ashish Mishra was in one of the cars that allegedly knocked down the protesters but the minister has denied the allegations.
The police have so far arrested several accused, including Union minister of state for home Ajay Mishra’s son Ashish Mishra.
Farmers’ protest
Several farmer organisations are protesting against the three laws — The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Essential Commodities (Amendment) Act, 2020 and Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 — since last November.
The apex court had stayed the implementation of these laws in January.
Initially, the protests started from Punjab but later spread to Delhi, Haryana, and Uttar Pradesh.
(With inputs from agencies)
[ad_2]
Source link